On the same day Clermont Tonnerre brought forward
his analysis of the available ideas contained in the
instructions. He went at once to the heart of the matter.
Some instructions, he said, contemplated no more than
the reform of existing institutions, with the maintenance
of controlling tradition and the historic chain. Others
conceived an entirely new system of laws and government.
The distinction between the two was this, that some
required a code of principles which must be the guide
in preparing the Constitution; the others wished for no
such assistance, but thought it possible to bind past and
future together. The main conflict was between the
authority of history and the Rights of Man. The
Declaration was the signal of those who meant to rescue
France from the ancestors who had given it tyranny and
slavery as an inheritance. Its opponents were men who
would be satisfied with good government, in the spirit of Turgot and the enlightened reformers of his time, who could be happy if they were prosperous, and would never risk prosperity and peace in the pursuit of freedom.
Those who imagined that France possessed a submerged Constitution that might be extracted from her annals had a difficult task. Lanjuinais desired to sail by a beacon and to direct the politics of 1789 by a charter of 864. There was a special reason, less grotesque than the archaeology of Lanjuinais, which made men averse to the Declaration. Liberty, it was said, consists in the reign of the national will, and the national will is known by national custom. Law ought to spring from custom, and to be governed by it, not by independent, individual theory that defies custom. You have to declare the law, not to make it, and you can only declare what experience gives you. The best government devised by reason is less free than a worse government bequeathed by time. Very dimly, ideas which rose to power in other days and evolved the great force of nationality, were at work against a system which was to be new and universal, renouncing the influence both of time and place. The battle was fought against the men of the past, against
